tv America Live FOX News July 16, 2010 1:00pm-3:00pm EDT
thank you for joining us "america live" with megyn kelly starts right now. megyn: hi, everybody i'm megyn kelly. it takes two to tango the feds lobbying lawsuits at arizona to stop the immigration crackdown and now republicans are making a political power play to shield the grand canyon state. we'll tell you how. plus she adopted a baby girl two years ago, she's been raising her ever since, now the biological father, a convicted felon going to court to get his daughter back. stacey doss with her daughter on a heart-breaking legal battle live in an emotional segment right here. it sells for up to 700 bucks, but the iphone4 making it a pricey paper weight for some consumers, apple is seconds away from a live news conference, a quick fix or a total recall. you are about to find out on "america live" right now. we start with this fox news alert, look at the new fancy
yellow fox news alert i hadn't seen this. this must be big. there is a critical meeting between u.s. and mexican border governors and it is back on. new mexico says that it will host the governor's meeting that was originally supposed to be in arizona. arizona governor jan brewer and texas governor rick perry will not attend. both are turning a cold shoulder on the event hosted by the u.s. border governors and their mexican counterparts. trace gallagher live from l.a. with more on this one. hey, trace. >> reporter: hey, megyn you know the governors are all being very cordial in this. you can tell there is a bit of a standoff going on. january brewer issued a statement, in it she says i'm not going. but she goes onto say, and i'm quoting here, but she would certainly he welcome the mexican and u.s. governors to attend the actual border governor's conference in arizona as they had all previously committed. we wish governor richardson all the best for a successful and
productive meeting. texas governor rick perry kind of echoing that sentiment saying that it was arizona's turn, right and that they had the right to cancel this meeting, and that governor brewer has a right not to attend. that leaves governor's bill richardson of new mexico as well as california governor arnold schwarzenegger. by the way and the six governors of the mexican states. normally the governors talk about. megyn: look at the graphic we have on there. >> reporter: those two not going and those two are going. megyn: with our apologies to governors brewer and perry. >> reporter: those two are evil and we don't know why the graphic came out like that. it looks like horns and evil. they talk about international trade and foreign relations, this time you know the arizona law will be a hot topic. speaking of that law the judge who heard the first case filed against that, the lawsuit says that she may not rule before
january -- or july 29th, which is of course when the law goes into effect. the law was filed by david salgado, he's the phoenix police officer, a hispanic man who says the law would force him to target hispanics. listen. >> i had to take the step of faith on blocking this law because i had a duty to do that. >> reporter: the arizona attorneys for governor brewer say that this lawsuit has no merit, one because the law has yet to take effect, so there is no way to prove racial profiling and two, because racial profiling is not allowed, and the law says it four times. megyn. megyn: before i let you go. can i see it again, can i see the new fox alert animation? what do you think of this trace. >> reporter: it was cool. i thought it was a fire in the house when i first saw it, the yellow banner, isn't that cool. megyn: i think it's beautiful. >> reporter: it looks like
studio j is on fire. it's very cool. megyn: back to trace in a minute. what do you think kelly at foxnews.com. u.s. immigration courts are experiencing a case jam right now. new numbers coming in show the amount of federal prosecutions of illegal immigrants is soaring. according to the new figures march and april were the busiest for immigration and customs enforcement or ice with more than 4100 cases referred to federal prosecutors. it's the highest two-month number since ice was created five years ago. the federal government claiming its workload will grow under arizona's new immigration law if it holds up in court. meantime arizona's most controversial sheriff launching a crime and immigration sweep. mayor a cope a sheriff joe arpaio and a team of more than one hundred deputies raiding a desert area reportedly being used for drug and human smug lynn. they managed to arrest 11 people in all and sheriff joe had a warning for illegals crossing into his state. >> once again i want to warn everybody, especially in mexico, you want to come through mayor a
cope a -- maricopa county we are going to have enough fire power to reabt to any assaults on our deputy sheriffs. megyn: the warning not displaced, there had been certain arizona sheriffs that were specifically targeted with death threats. this is the 16th crime sweep conducted by the sheriff's department. we are at a make it or break it point right now in the gulf oil spill. the next 24 hours may determine whether a new cap on the broken well can actually contain the source of the worst environmental disaster in u.s. history. look at that picture. it is a sight not seen in months. live pictures showing no oil spewing from the now blown out well for the first time since late april. it is a complete 180 to what we saw for most as we looked at this camera but no one is celebrating just yet, potential problems could still derail this
major milestone. william la jeunesse is live in louisiana. what exactly are the risks that they are worried about right now. >> reporter: okay, so megyn when you cap the well you're obviously going to have pressure building in the oil reservoir below the methane and the oil itself. let's pre penned that this is the original casing, the steel casing that goes down several thousand feet. this is the production tube that goes inside, but they -- what they actually do is they put cement in between them so you have more integrity. you don't want any oil leaking out or water leaking in. the number one concern is that during the explosion there may have been a fracture or a crack in this, oil could leak out that way number one, number two, this is the original blowout prevent tere, it is bolted to the ocean floor. the oil could seep through this as well or through the preventer itself. and finally through the ocean floor there are natural fissures or fractures in the rock beneath
and they are doing sonar and seismic testing as we speak to make sure that there is no leakage of oil in any of these systems. megyn. megyn: all right, so you've built this model, clearly, you've gotten yourself neck deep in this whole thing, william, and what have you learned? >> reporter: what we learned is this. number one so they put in this big -- remember how you had the kind of jagged edge on the old blowout prevent tere. they put a new one on it has a good seal. what they did is they close this valve, close this valve and then slowly turn these and finally that contained all the oil, nothing coming out of the old, nothing coming out of the new. if this holds if you will probably in the next 48 hours they are going to open these, they are going to have four portals, you'll have the lines going to the surface containment ships to take oil out. that is likely the plan. secondly, what they are going to begin doing is there are two
relief wells that are being drilled from up above. those are going down about 13,000 feet. what they are going to try to do is intersect this original well below the ocean line but above the oil, intersect here, fill it with cement and that will contain it for good probably by mid time august, back to you. megyn: that's what we are hoping. william la jeunesse thank you. the leak is capped for now, but that is about 88 days too late for those who live in the gulf of mexico, not to mention the wildlife down there. and they are not the only ones who must cope now with the fallout. can the obama anministration recover from the criticism surrounding its handling of the disaster? we'll have a fair & balanced at the bottom of the hour on that. a new senator for west virginia and we are awaiting right now a news conference where governor joe mansion will name a replacement for the late senator robert byrd. the governor did not have to go too far to find son are someone and we will hear that directly from him momentarily. we have already confirmed here
at fox news that the pick will be clark good within. who is this guy? most of us have never heard of him. >> reporter: he's a longtime aid and supporters of the governor's, joe mansion's and he has been the governor's chief counsel, which is to say the top lawyer of the governor of west virginia. he will formally announce it at 2:00 this afternoon. clark good within is presumably take th-g job under the conditions that mansion had said he was going to require of his a point he's in essence that they take the position until a special election in november and then vacate it. ph-pbgs wants to run in a special election campaign for the seat that would take place in november on the rest of the country'see hrebs today. he picks his buddy and gets sort of a temporary interim place holder to sit in the position, positioning himself well to presumably win the seat in the fall. that is the plan. mansion could have appointed himself but the political appearances of that can be
somewhat selfdefeating. he put in a placeholder and presumably he hopes wins it himself in november. megyn: thank you. congress passing sweeping regulations for wall street that will give the government a firmer grip on the banking industry. will these regulation do any good or will they just grow the government? and a child custody case pitting and adoptive mother against the child's biological father an ex-con with a history of roughing up women. coming up i'll be joined live by stacey doss who is fighting to keep her adopted two-year-old out of the hands of that biological father. [singing] >> are you a little rasta girl? pwhrapb
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megyn: 2300 pages of new agencies, new powers, new regulations for the banking industry just passed in congress. but will these new regulations actually prevent another financial crisis or is this about more government? kneel vortz is a syndicated radio talk show host and he's my guest. they are feeling very good about this financial form. they say it's high time, wall street got us into this
financial mess had to be bailed out and these regulations will stop that implosion from ever happening again, and you say what? >> well isn't it inch interesting that chris dodd was saying yesterday we won't really know if thinks going to work until we have another financial crisis. that is very reassuring. that certainly made me feel a lot better. any so-called reform that doesn't include fanny mae and freddie mac it makes pretty much a joke out of the whole thing. one of the eye tells -- items that really particular else me is we have this consumer finance protection agency. there are basically three areas of consumer finance. you have home mortgages of course, we have credit cards and then we have automobile dealers and automobile lenders. they are complete lee exempt -- completely exempt. how in the world does that happen if you're out there trying to protect the consumer? the whole thing is a power grab
in washington, it diminishes our economic liberty and it's not going to go much beyond that. megyn: the argument is that something had to be done because clearly nobody was overseeing wall street, and it was -- it ran amuck, and huge banks failed and it had a trickle down effect onto main street throughout this country, and so were we supposed to just walk away and let wall street heal itself, or was president obama right that something needed to be done here? >> absolutely, no, something did need to be done. number one is fanny mae and freddie mac, this whole melt down was based in bad mortgage loans, packaged into derivatives, sold into vesters that didn't know what they were doing. at the base of the bad mortgage loans, fanny mae, freddie mac, they skate free. obama's promise of transparency, there is no real added transparency on the part of wall street here. you have large wall street
financial institutions who can claim proprietary privilege, privacy in how they put together some of their instruments, their investment instruments that they sell. this financial reform bill does not peers that -- pierce that. it is going to make government more powerful and the businesses are going to sit out there while 243 new regulatory packages are created waiting and in some cases quivering, wondering how in the world this is going to impede them. megyn if i could say one thing, a friend of mine, bernie markus, the founder of home deportion he and i were talking some weeks ago, and this should fright an lot of people. he said kneel, we could not duplicate the home depot miracle today. it continue be done in this regulatory atmosphere and with the trial lawyers, it continue be done. well that is something that we need to be concerned about. megyn: in other words, the
argument is, as i understand it, they've gone too far. it's one thing to increase oversight, meaningful oversight of wall street in a way that would potentially prevent that melt down from happening again, but this according to critics cracks down on banks and actually the critics say small businesses as well in a way that could potentially prove to be detriment al. the obama anministration says it will help small businesses. the chamber of commerce says that's a bunch of bunk. >> smaller banks, their cost of compliance with the new regulation is going to be a much greater percentage of their profit than a larger bank, they are going to suffer. the same will happen to small businesses. their cost of compliance is going to be disproportionately higher. you know in this consumer protection there is something about individual lending, and i'm wondering when it all comes -- when we find out what all the regulations are, is the government going to get between you and me now if one of us --
well you're the one with the money, if you wanted to loan me money for something? megyn: you assume too much, neal. >> we have to sit back and wait. megyn: let me ask you this, i know have you a libertarian streak in you. this is yet another big government move. we had the stimulus, obviously, we've had healthcare, we've had government stepping in with respect to the auto industry. now they call this financial reform. you can argue about whether it's reform or not. little by little president obama seems to be succeeding in putting government tentacles into a lot of areas. you can argue about whether that is good or bad but they are going to be there for a longtime to come and they could be really tough to get out. republicans are already saying that this bill should be ra peeled, soon to be law should be ra peeled but it's not too likely, neal. >> remember, barack obama returnereferred to the private r during the campaign and before as the enemy. we have a president who used to
refer to the private sector as the enemy. i think that is alarming. you're right i do have a libertarian streak, and the primary emphasis of government in the area of finance, and finance reform should be to prevent fraud. you don't mislead somebody, rely on their being suck erred in and then take advantage of them. the government high school a big role to play in addressing -- has a big role to play in address, aring, preventing and punishing fraud. they go way beyond that with this bill. megyn: even "the new york times" pointing out that some of the regulatory bodies that are about to be created are run by the very same people who got us into this mess, so there is a real question about whether they are going to be the ones accurately to over see future messes. always interesting to hear your take on it. thank you so much, sir. >> thank you. megyn: with soar eug deficit millions of americans are facing
potential tax hikes. some group of folks say they deserve a tax break worth more than a billion dollars. who is behind it and why the obama anministration is actually considering the proposal. brand-new shark sightings along the east coast. we'll tell you about the new dangers and concerns facing beachgoers right now. >> this is a little scary, not sitting up here but when you decide to get yourself wet it's scary. and my dog bailey and i love to hang out in the kitchen. you love the aroma of beef tenderloin, don't you? you inspired a very special dog food. [ female announcer ] chef michael's canine creations. chef inspired. dog desired. ♪ passion burning ♪ love is so strong ♪
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authorities were forced to close the beaches for a few hours. this is the third time in week that sharks were seen cruising close to the beach. one of the sharks coming so close that the officer on beach patrol said he saw it from head to fin. >> sometimes you see the dorsal fin. it was very apparent that it was a shark. you could see from nose to the toe. it was definitely lingering throughout the course of the day. megyn: marine biologists say that the sharks are drawn to the warm water, which usually doesn't heat up until september. lucky us it's warm right now and the sharks have come a feeding. i mean a swimming. well guess who is about to get a big financial boon in the midst of this recession? trial lawyers. they could be looking at a very big payday thanks to the obama administration. they are about to get a major tax break potentially. joining me now is joey jackson, a criminal defense attorney. you're a criminal defense attorney you're not going to get
the tax break, this is the plaintiff's bar. >> i have to do plaintiff's work. megyn: this is an even sepb tiff to become a plaintiff's lawyer suing people. megyn: if you'll excuse me i have plaintiff's work to do, i have to go do it. megyn: explain to viewers how this works. the plaintiff lawyers whether they cake on a personal injury case they work on a contingency basis which means what. megyn: a couple of things, megyn. this is a boon and quid quo proceed for them, trial lawyers have historically supported democrats. there is a political component. what happens is there is a contingency fee. what that means is you don't get paid until the case has been resolved. now what is the purpose behind this? yes it's giving them a little -- megyn: we haven't explained to viewers what it is. let's say i slip and fall i call joey jackson. i want to sue because i have a severe and permanent cervical neck strain and i want you to take my case so you do and you say you -- i'm not going to have to pay you anything unless you
win. >> correct. what happens is usually it's a one-third contingency fee. whatever the recovery is i get a third. a million dollars one-third. there are caps in certain cases but here is what happens. lawyers expend significant sums of money for expenses, for expert witnesses, depositions, reporters, it's tough. nobody likes trial lawyers i know that, no one likes lawyers in general no that. at the end of the day when you're expending significant sums of money to bring forward a case it's a hardship. megyn: you know what it is in addition to a hardship it's a loan, because you get it back. >> you do. megyn: if you win you get it back. whether they are asking for is to have this treated not as a loan but as a genuine business expense and that would be a tax write off. what they are saying now -- let me just make it clear they tried to push this through congress by legislation the plaintiff's trial lawyers did and congress said no way, are you crazy? we are not going to essentially make the taxpayers pay up to 40% of your costs, that's what they
determined. >> it's like double dipping. when you do win you'll get it back. megyn: and then you pay more taxes on it? >> here is the problem it takes so many years for the cases to resolve themselves that you're extending large sums of month, i know you don't have sympathy, it takes so much time, if you have a case that lasts four, five six years and you're out laying all the expenses onyx pertsz, depositions and court costs and fees it represents a hardship. let them sue some more people and life is good. megyn: you and i know that the vast majority of plaintiff lawyers who have lobbied for this are the big cat big-time plaintiff's lawyers who make a gazillion dollars that don't need the tax break. the u.s. treasury is considering allowing them to write off the expenses even though it's not really a business expense it's a loan. >> tracks breaks are good no matter what. megyn:es especially if you give them to the plaintiff's bar. >> i'm learning how to do some of that trial practice, let me
go. megyn: it's not true. who do you represent. >> i represent the falsely accused, megyn. megyn: you got to love him. >> innocent as charged. megyn: criminal defense attorneys may be the only group of lawyers that rank below plaintiff's attorneys on the popularity scale. the waiting game now onto see if the cap on the oil well will hold. the oil location has stopped but the troubles continue for the white house and president obama. what about the moratorium that is still in place, and how bad a hit did the president take during the 88 days that oil was gushing? and, this little two-year-old girl caught in a very ugly court battle. her adoptive mother the only parent she's ever known, stacey doss is here with us today with an emotional plea to keep her child. we'll tell you why that may not be possible, and this child may soon be returned to her ex-con father.
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megyn: a fox news alert. we are just getting word on what apple has decided to do to fix its publicized iphone 4 problem. trace gallagher will be the fix is this. if you own an iphone, the dropped calls because of the metal antenna. if you own one of these things apple will have a software fix. so you plug your apple into apple.com and they will have a software fix to cure this. they will give everybody who soans an iphone -- everybody who owns an iphone 4 a free case. if you bought one of those bumpers that wrapped around the lower left-hand side of the phone, they will refund your money. if the final promise from steve
jobs because he wants everybody to be happy, if you don't like your iphone after 30 days and it's not damaged, they will refund it. the problem was the antenna and the dropped calls. they are not going to recall the iphone 4. instead there is a software fix. if you have one of these you are going to have to go onto apple.com and they will give you have the information how to do that. steve jobs says a lot of other phones have the same problem and his suggestion was the grip is wrong. he says you have got to grip it a different way if you don't want to lose the call because it's down here. when you tell the doctor it hurts when i do this, he says don't do that. megyn: we'll put red stickers on the iphone so you know where to put your fingers. i have got another solution. this is why you don't buy the new frankled version when it's
brand-new, you skip that generation. >> reporter: that's why you still carry that 4 1/2-pound cell phone. megyn: the one i used when i was a senior in high school with the huge antenna. thanks, trace. megyn: the pressure is on in the gulf literally. bp residents and local officials are holding their breath to see if a cap placed on a leaking well will be able to hold. while we wait for tests to be completed on the integrity of the cap and the well, there are new questions about how much damage has been done not only to the gulf coast but the white house in these 88 long days. ucla political science professor mark sawyer and radio talk show
host ben ferguson. here we are day 88 and it looks like the oil has stopped. but the questions is how badly was the president damaged during the course of this bill and has he overcome it since? >> i think this will hurt him, especially in the mid-term elections. he waited over 50 days to talk to the ceo of bp. he has see has -- he has singerm "american idol" over for his kids' birthday parties. i think his lack of leadership hurt him among his own people who vote for him and people who consider themselves to be the ultimate green individuals. not only did he hurt himself in the middle, he hurt himself with his own party. megyn: he has gone the criticized not just by folks on the right, but folk on the left, including james carville who is a long-time resident of the gulf
who has been critical of president obama and how he has been handling this, including not just the spill, but also moratorium he put in effect. take a listen to carville. >> people have been so let down. now the government comes in after they let us down, failed to regulate these clowns. then they come in and say blanket stop everything out there. it's killing the economy here. they don't have the foggiest idea about life here. they don't have the foggiest idea about what's going on. they have got to do something about this. the federal government is about to kill us. megyn: is any of that legitimate? >> no, it isn't. this is a metaphor for the entire obama presidency. you guys want him to be sierpman. you want him to fly over and fix thing that weren't the problems he caused.
call the ceo? he had the top engineers in the federal government talking to bp. they have been doing all they could. what he has to do is remind everyone of that metaphor that he's been trying to clean up problems that weren't his doing. >> what was the first thing this president did? first thing he did as president. i'm closing guantanamo bay. is it closed yet? no. what he doesn't understand is how to get things done, but he says i'm going to do it any way. he said i'm going to shut down drills because he doesn't understand the laws. he's a reactionary president the same with guantanamo bay. it's still open now and it's not going to close anytime soon. james carville is right, he doesn't have a clue and he has mismanaged it.
megyn: what about that? >> people are worried about not being able to drill and losing jobs. but at same time with the deep drilling we need to make sure this doesn't happen again. what if another well blows up in six months? there are jobs lost by this oil spilling. you can't buy sea turtles and dump them in the ocean. megyn: god forbid there were another week because president obama lifted the moratorium, people would be blaming it on him. >> 8. >> % of th -- 80% of the fines p out to oil companies last year were given to bp. but you don't close down the entire industry when we don't know what the issues are. did the president come out after toyota cars and say no more cars can be sold in this country?
no more can be sold and you can't buy one? no, because it's ridiculous then and it's ridiculous now. >> this is nonsense. the idea that. >> it's reality. >> the technology in soil wells so they don't spew tons of oil into our oceans and coast so that millions of people get thrown out of work and billions of dollars lost. >> at what point are you okay with the technology? are you saying we are five years off? is that what you are telling me? >> i don't know. no, probably not. it's not my points. i'm not an expert in oil rig technology. it will be when the engineers tell me it's safe. >> the moratorium is in place for six months for one reason. this is a polite today move by this president because he thinks this is what the public wanted and it's backfiring the same way james carville talked about it.
he doesn't do them desh's a reactionary president. i think people don't want drilling so i'll say no more drilling. he didn't look at the facts. the same way he didn't have the inspiration to talk to the ceo of bp oil. megyn: that one point if that many the way the president thinks then he is wrong. accord together latest abc news-"washington post" poll 60% of those polled said they oppose the moratorium on drilling and 3/4 of those polled said drilling should resume at its existing level or be expanded in the future. >> he's not doing it for politics. he's worried about the environment and jobs being lost if there is another spill. that's a huge disaster. calling that muffet from bp wouldn't have helped. >> the muppet is running the
company that's having the disaster, so you talk to the. you the -- so you talk to the muppet period. megyn: there is a december a pratt fight to keep her family together. we first told but this interstate custody battle. stacy has raised vanessa from birth. they want to make sure they are together for the rest of the child's life. the biological mother supports that relationship. but the biological father says he never consented this adoption. despite his long criminal history, he wants this child back and he is winning to some extent. so can stacy keep vanessa away from a man with a history of domestic violence? she is here and you will see her live next. major new developments in the john stamos extortion case. we know what happened. you don't want to miss this.
>> the defense to the extortion allegation is we weren't trying to extort him, we were trying to sell the photos. if the photos don't exist, then they weren't going to sell the photos to the paparazzi and the threats to john stamos, you better pay us $700,000 if you want the photos would have been extortion. transform plain old ribs into these fall-off-the-bone honey bbq ribs. the secret's in the sauce, made with campbell's french onion soup. for these delicious ribs and dozens more sizzling summer recipes, visit campbellskitchen.com.
megyn: it was a guilty verdict in a story we have been following on "kelly's court." a michigan couple convicted of trying to extort money from across store john stamos. they were threatening to show photos of him with strippers and cocaine to the tabloids unless he paid up. they were found guilty of conspiracy and using email to threaten a person's reputation. that verdict could land them up
to five years in the clink. it is a custody battle that's getting national attention. stacey doss adopted her child vanessa at birth. the birth mother fully awe support the adoption. but the biological father, a convicted felon with a history of domestic violence claims he wants this child back even though he has four other children with whom he has almost no relationship. so far it looks like he might actually win this case. stacey doss is my guest now. stacy, i'm so glad you are here. we are watching this case which is shatter wrenching to watch unfold. you talked about this on "kelly's court" yesterday. the analysis seemed to be if the courts look at this in terms of what is in the best interest of vanessa, it seems clear you will win. but if the courts look at this as a contractual matter you will
probably lose because this man never waived his parental rights. >> that correct, he didn't. and then we found out that he was potentially the father. we started to look into who this gentleman was. and not only did we find the domestic violence. but we found there was a child from him. so that was concerning as well as the domestic violence. keep in mind we did not know if he was in fact the biological father until vanessa was 4 months old. megyn: you take vanessa and bring her back to california and all is well. then you find outs the biological father you were told was a one-night stand and that person was not in the picture and it turns out that wasn't true. the birth mother certified that under oath. you don't know if this guy who surfaces is the real deal. four months later he passes the patent test and you are told,
hand over vanessa. why does he want her? if he has four other children with whom he has no relationship, why does he want vanessa? >> i don't know. it doesn't seem to be about vanessa. it seems to be potentially about revenge against the birth mother and a control situation. he is a domestic abuyers and control is a big part of that. he has four other children of which he does not have custody of and they have had trouble paying exphield support. even after the dna test my question was, what does he want in i wrote him a letter and said let's try to talk about this. i believe maybe he was a decent person and maybe we could work something out. megyn: you fliewf him out to california. you aloud him to have visitation with vanessa. you said he seemed more interested in seeing the sights than spending time with vanessa.
but those who criticized you said you knew from at least four months there was a biological parent who had not waived zain wanted her back. they say even thoift would be heartbreaking to give her up at 2 years old, you knew at 4 months so you brought this on yourself. how do you respond to those folks? >> i don't agree only because i don't think it should be about me. i don't think it should be about the birth father. i think it should be about vanessa. in divorce the best interest of the child is considered, not the rights of either parent. in an adoption the child is property and that's the part that's not right. when you see something that's not right, especially it's in the best interest of the child, it's up to you to do something about that. i never denied him access to her. i never have been opposed to visitations, i never kept him from that. but when need to look at what's good for vanessa.
that many the problem. it doesn't make any sense to give a child to someone that could potentially put them in danger. megyn: the domestic violence charge that he spent time in prison for. he beat the living daylights out of this woman. he tried to strangle this woman. i want to ask you -- i just want to ask, where are we on the break? it's a hard break. i want to hold you over. stand by. [ music playing, indistinct conversations ] the charcoal went out already? [ sighs ] forget it. [ male announcer ] there's more barbeque time in every bag of kingsford charcoal. kingsford. slow down and grill.
to vanessa to ohio and she was going to go into social services. thankfully a judge stayed that while the litigation plays out. as a mother myself an almost 10-month-old child, if somebody ordered me to give him up now or a year and two months from now. i don't think i could do it. i think i would be tempted to defeat law and take my child someplace. what are you considering now? >> i still have faith in the justice system. this was a good week in terms of the appeals court it was the first legal document that says in the best interests of the child which is what we have been wanting for two years. so i still have faith that things could resolve themselves well. you know, as a parent, someone gave me their child and i understand what she did was wrong, but i understand why she did it given what she has been through, and she did come out
publicly last night and explained that this is a dangerous person, and the process she went through was not the right one, but i understand that she was trying to save this child. sometimes, you know, fighting for what's best -- what's right in general, especially for a child is difficult and complicated. and i will continue to fight as long as i have to because i think fundamentally this isn't just about vanessa. this is about a lot of children in this country. if there is a law that's not keeping our children safe, that's a law that needs to be changed. megyn: they are saying they don't consider the best interests of the child. this man's criminal history mass no relevance. and it was vanessa's mother he went to jail for beating. his attorney gave a statement that reads in part, mr. miss doss has not adopted mr. mill's child. mr. mills recognizes the need to
have a court decide. i know this has got to be heart wrenching for you. we'll be awaiting this court decision as this case plays out. >> thank you very much. megyn: we'll be right back. uh o. sorry, son, but you still have 'em. [ female announcer ] you can't pass inspection withies left behind. luckily charmin ultra strong is soft and more durable, so you're left with a more dependable clean. fewer pieces left behind, charmin ultra strong.
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umar farouk abdulmutallab accused of attempting to bring down an airliner, and now there may have been another plot on christmas day. how credible do we think this information is. >> reporter: i spoke with a u.s. intelligence official, an says this intelligence has not been substantiated. what we know about the wraw intelligence is it was alleged there was a group of extremists who wanted to take come points interest of an ied and smuggle them from fly robsmuggle -- smuy robey, kenya. the components were meant for a series of alleged attacks perhaps at nightclubs in new york city on december 26.
megyn: what is the fbi's assessment. >> reporter: so far no one within the u.s. intelligence community or the fbi are drawing a direct connection to the failed bombing by umar farouk abdulmutallab over detroit. but you can see th -- see the length to which they will go to plan attacks inside the united states. even those airport security system isidore rided in many ways. it seems they are a hardened target and they feel that it's more advantageous to launch the attacks from europe or africa into the united states rather than try to launch them from within this country itself. megyn: thanks, catherine. the full story on that report obtained exclusively by fox news is on our web site. check it out on foxnews.com.
>> notice fox news alert. apple announcing a software fix for its iphone 4 antenna problems and they are considerable. the company also offering new phone cases for its customers. apple's bottom line is taking a big bite out of the announcement. >> reporter: they are not really fixes, they are remedies to the problems apple is having and the stock is shooting up. apple stock is up 3%. apple stock trades for $251 a share. it's up $6 or $7 already. and steve jobs made this announcement 15-20 minutes ago. remember the bars on the phone kept going down without reason? they say there is a software problem with that. so you plug your phone into am and they will fix that for
you -- plug your phone into apple and they will fix that for you. the problem is the antenna is wired so when you put your hand at a certain position on the phone, it disrupts the connection with the antenna and drops the call. steve jobs called this thing antenna gait. here is jobs talking moments ago. >> we are not perfect. we know that, you know that. and phones aren't perfect either. but we want to make it -- make all of our users happy. if you don't know that about apple, you don't know apple. we love making our users happy. that's what drives us to make these products in the first place. >> reporter: a software fix and a free case. you have to go onto apple, apply for the case. they will mail you one. if you bought an iphone and
you are not happy with it and it's not damaged, apple will refund your money. megyn: steve jobs is on it. thanks, trace. we are awaiting the name of the nation's newest senator in charleston, west virginia where the governor is going to announce a reef placement for robert byrd. he passed away three weeks ago at the age of 92. now governor joe manchin will appoint a temporary fillin. he says he wants someone to bridge the gap until a special election can be held in novemb november. we'll bring you that as soon as we have it. big developments on day 88 of the gulf coast oil disaster. isn't it nice to have a little good news from there?
what a difference a day can make. this was the scene yesterday, oil billowing out of bp's ruptured well. but today the waters clear. a 75-ton containment cap stopping the leak. bp is testing the well head. early indications are everything is holding steady. but this is not a permanent solution. folks along the coast have mixed emotions today. >> it's good they got it stopped. now they have to focus on the cleanup. >> i live 10 minutes from where the oil is and it could come into my home, my property. megyn: bp has benadryling relief well -- bp has been drilling relief wells. that work is expected to be finished next month.
new information on whether taxpayer money will be used to fund abortion despite a pledge from president obama banning the use of federal money for abortions to get those last critical votes to get healthcare reform through. the pro-life democrats wouldn't sign on until they got that. but a few states may have found a loophole. molly, what is the loophole. >> reporter: the debate is whether high-risk insurance plans will cover abortion. initially states like new mexico and pennsylvania had said yes, by then reversed course. a spokesperson for the health and human services department said in all of our high-risk insurance plans abortions will not be covered except in the cases of rape win crest or where the life of the mother will in danger. pro-life democrats say think it
shows president obama is living up to his promise. >> no matter what the state law may be. if there is a separate pool that pays for abortions. the executive order says no sea borings can be paid for. >> reporter: stupak says this is a big victory for pro lifers. they have say executive orders can be changes easier than a congressional amendment. there is no legal language out of congress specifically in these high-risk plans. take a listen. >> an executive order doesn't truck temperature what congress does. the facts that congress passed the plan without a ban for federal abortions left us with a gaping loophole. >> reporter: she says congress needs to pass specific language saying the healthcare overhaul will not allow taxpayer dollars
megyn: west virginia's governor make the news official. announcing clark good win, west virginia's general counsel will be make over as the senator from the state, taking over the seat vacated by robert byrd after his death three weeks ago. this will be a temporary position until a special election can be held in november. do we want to take a quick listen? >> it's about respect. we don't have to agree. we don't have to come from the same background and go down the same highway, if you will. but you have got to respect where people are coming from. they have a right and you are a better person when you are able to sit and listen. he's done that as well as anyone i have ever seen.
i want to tell you when i knew of this man's character. megyn: there you go, singing the praises of mr. goodwin. and you can watch this by the way -- we'll striement live on foxnews.com. we report, you decide. according to president obama. vote letters make the call on who quote caused this mess that america is in right now. and president obama saying his policies got us out of this mess. that in an interview with nbc news. admitting the november elections could amount to an referendum on his administration. if that is the case it could be chilly fall at the white house. a fox news opinion dynamic poll shows 33% will show support for the president. 41% say when they go to the polls it will be to show their opposition to president obama's
policies. alan colmes is host of the alan colmes show on fox news radio. the numbers don't look good for president obama. they say more than not say they want to show their opposition to him. >> we have an electorate who doesn't like incumbents. but there are other polls like the "time" magazine that has the president at 52%. so there are other polls that contradict that. megyn: do you concede the average of polls that have come out in the past few weeks, abc news, "washington post," cbs, pew, including fox news give the president low marks? >> the abc poll has the president doing very well and shows that republicans -- megyn: you think his poll numbers are great? >> i didn't say great. but they are not as dire as is being portrayed here. republicans in congress are less
popular than democrats in congress. i wouldn't get too smug if i were a republican. megyn: the democrats do seem to be worried. there was a memo that went out from the democratic national committee to democrats saying the polls aren't so bad, and they point out as much as they may hate us, they hate president bush more, i'm obviously shortening for it. they say that president reagan and president clinton were doing worse than this -- >> it's a marathon not a sprint. at this point bush had a 42% approval rating. reagan a 32% approval rating. you can look at dalies and look how baited is day to day. bit is a long-term presidency. megyn: but it's not a long term
until the mid-term elections. will the republicans take over congress, i doubt it. they will not win the house. megyn: the democrats came out with this memo, the dnc said it's not as bad. the rnc came out with this response linked to this video as their response to the dnc. watch. i got to laugh. >> it's nice to see republicans have a sense of humor. that was clever and funny. the democrats -- the republicans are the party of no. president obama has not put his finger in the wind to see which way the air is blog.
more and more people it turnsous as time goes on are agreeing the healthcare reform was a good idea. megyn: i saw polls this week that don't support that at all. >> more people are deciding they like it. there is a trend towards more like it than the other way around. so the trend is good. if i wouldn't get too smug if i were a republican. megyn: maybe you are right. maybe things come november will turn around and people will embrace those policies. the republican answer to the party of no, we don't want bigger government. >> they voted against extending employment benefits. they vote against healthcare and financial reform. they are speak out against stimulus even though more voted for it. megyn: why are the poll numbers getting so bad? pew polling. in the past week it has all been bad for the president obama and
democrats. you can do the numbers. most polls do not have bad news in it for the democrats, and i just want to get your answer to why is that? >> i said this up front. people are antiincumbent. people aren't happy with what is. they always want to look at the other side. to what extent they do that in november is the question. megyn: when you find a new boyfriend or girlfriend, they are great in the beginning -- >> wait until i get to know hot opponent is against obama in 2012. familiarity breeds contempt. megyn: polls leave president obama losing. or neck and neck against romney, palin, huckabee, newt gingrich.
>> in the same poll 51% said they would not back a candidate palin supports. we are a long way from 2012. usually the mids are a referendum that favors the out of office party. if jobs continue to pick up between thousand and november we'll be in good shape. megyn: what about the oil well that stopped gushing. >> it happened on obama watch. megyn: a new move that could stop the lawsuit against arizona immigration law. the frantic and possibly crucial call that kayy anthony's grandmother made to 911 that
could be used in the murder trial. >> did you tell the 911 operator that there is something wrong, i found my daughter's car today and it smells like there has been a dead body in the car? >> yes. >> why did you make that statement to them. >> i have no idea. at the time i don't know. sergeat make a terrible therapist? patient: and that's why yellow makes me sad. i think. sarge: that's interesting. you know what makes me sad? you do! maybe we should chug on over to mambie pambie land where maybe we can find some self-confidence for you. ya jackwagon! tissue? crybaby. geico. fifteen minutes could save you fifteen percent or more.
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including -- trace will tell you. this highly personal information was circulated with a demand they be deported. there was -- the stuff on this list was not stuff that should have been publicly circulated. >> reporter: we are talking about names, home addresses, home phone numbers, social security numbers and the dates for pregnant women when they were going to give birth. these two state workers are helping to give out food stamps which is why they had access to all this personal information. these workers have been identified and suspend. they sent out 1,300 names of suspected illegals to the media outlets in utah as well as the local state and federal law enforcement agency demanding these people be gathered up and deported. we'll find out tsunami in the next couple days if charge -- we'll find out within the next
couple days if charges will be filed. it's a misdemeanor, but it does carry prison time. megyn: a potentially critical legal development in the casey anthony murder case. a pretrial hearing is underway. the judge ruled a 911 call casey anthony's mother made can be used as evidence. lawyers questioned the grandmother about the recording in which she tells the dispatcher that her granddaughter is missing and says her daughter's car smells like a dead body. >> you connected the smell in the car to caylee being gone. >> that's what my mind went to. i don't know how the mind works when you are under stress. i do know i said whatever i
said. megyn: here is more. >> reporter: her brother walked past her without look at her. he looks his sister straight in the eye and mouths the words, "i love you." >> how are you related to the defendant. >> she is my sister. >> casey broke down crying. he was there two years ago when his mother made the 911 calls where his mother told operator it smells like there has been a dead body in the damn car. >> did you notice whether there was any smell. >> there was a smell i experienced when i went through the garage initially. >> he said his dad asked him to go home. that's when he learned casey would not stay where they are 2-year-old daughter caylee was. >> i said, when the officer gets
here he's going to ask you or say, where is your daughter? okay? let's go get her. >> at that point in time did your sister tell you she hadn't seen her daughter for 31 days. >> almost exactly to those words. >> he says he was dumb fowrnld. his mind went blank. he didn't hear his mother make the 911 call which didn't matter to prosecutors. what they wanted to know was his mother's reaction. >> she was angry. her first reaction, she mad a clinched 50s and hit the bed that my sister was sitting on. i'm assuming out of frustration or anger or something like that. and said, what did you do to your daughter 31 days ago. megyn: that case ... that's from our orlando affiliate.
should infants be allowed in fine dining restaurants or a slinky wine bar? the baby ban in one restaurant prompting a legal food fight in "kelly's court." debate erupting over this viral video. a holocaust survivor dancing on what could have been his grave. why some are saying it's inappropriate. wait until you hear who posted the video that's adding to the controversy. when i group,
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introduction an amendment to prohibit federal funding of any lawsuit that tries to block arizona's immigration law. it would pull the plug on the government's case. but there may be another motive for putting this amendment up for a vote. so what exactly is it your amendment does? >> it does exactly what you said. it would stop funding for the federal government -- the obama administration to be able to try to stop the arizona law in court. right now the only real immigration action that the obama administration seems on interested in is blocking arizona law. i think we should be real active from the federal government about border security, workplace security, all the things we should have been doing the last 30 years that i pushed for with many others. instead the obama administration is focusing simply on blocking the arizona law. megyn: is this a political stunt
or could it be done? how would it work? >> we consider funding limitation amendments all the time. they simply say no taxpayer funds shall be used for this, shall be used for that. if this were to pass into law, and i think we are getting great support. if it were to pass into law, the obama administration could not legally challenge this arizona law. megyn: obviously president obama is determined to challenge the law. but the polls continue to show the majority of americans are with you on this. they are in favor of the law. so if you manage to get this thing to a vote, the lawmakers on cap till will have to ask themselves a question, whether they side with president obama or whether they side with what could be a majority of their constituents on this. however, that's a big if. how do you in the minority get a vote on this amendment. >> i'm hopeful we'll get a vote next week. there are various procedural
ways we can insure that. i'm hopeful we are going to do that. but you are right. the great majority of the american people want the federal government to act, but to act with enforcement, act on border security and workplace security, not simply block arizona from doing what they were forced to do by circumstances because of federal inaction over defend kids. megyn: you obviously don't control the senate. harry reid is not going to want to vote on this. it's easy for them to shut down amendments. do you think you have a chance of getting this voted on? >> yes, i do. i can't go into the details, but i think we have a great chance of getting a floor vote. the senate at least compared to the u.s. house is a very open place where if you read the rules carefully, use them any way you legally can you can often force a vote.
megyn: let's say you get a vote. is it possible you could get this thing through? this might not come down to a party line vote given the polling of the american people on this issue. >> once we have a vote people need to understand how americans feel about it and how their constituents feel about it. i believe the discussion will build towards this vote. contact your senator to let them -- to explain to them how you want them to vote. megyn: we have seen the department of justice come out against this law. we saw eric holder say if this challenge fails he will prepare another challenge claiming it's discriminatory. they seem within the department of justice very determined to go after this law month matter what. do you think a vote like this can stop them? >> i think it's useful to
explain with a vote like this how the american people feel. and eight many just a shame they didn't bring that same passion. they are not bringing that same focus and energy to actually solving the illegal immigration problem. if they had worked on the problem over two years, enforcement border security and workplace security, with this level of intensity and passion and focus we would be in a much better place today. megyn: i have to ask you before i let you go to your reaction to the news that bp has capped this well, they are testing it. that's good news out of the gulf. put some perspective on it for us. >> it's long time in coming as we all know. this flow has been going on for way longer than any of us would have predict at the beginning. there is so much soil it's like a major new oil spill every day. we are just take it a day at a time, keeping our fingers
crossed. praying the pressure test will sitting many capped for good. we still have a lot of work to do with cleanup, environmental mitigation. also the economic damage, including that caused by the moratorium. but if this holds it will be turning the corner in a really important way. megyn: all the best to you. thanks so much foregob being here. student -- thanks so much for being here. >> reporter: we have a couple legal topics i know you would be interested in. hopefully our viewers as well. the espn reporter who was the victim of a peep hole] stalker is suing the hotel. she may have the goo goods on tt hotel. the barefoot bandit may be laughing all the way to the bank if he gets a movie deal out of this. we'll go through some poll numbers, not looking good for the president, especially on the issue of arizona's new
immigration law. why is the president doing this? we'll talk about that with chris call as coming up on studio b. megyn: if you have ever heard a screaming child in a restaurant you need to see today's "kelly's court." a debate raging after a swanky wine bar bans a baby from its facility. can you do that? apparently not. "kelly's court" takes up the case that has parents and foodies duking it out. head to our on the docket * section. read up on the case before the gavel drops. she felt lost... until the combination of three good probiotics in phillips' colon health defended against the bad gas, diarrhea and constipation. ...and? it helped balance her lon. oh, now that's t best part.
auschwitz spark controversy around the globe. you know the song. here is the back story. 89-year-old holocaust survivor shaking his groove on what could have been his grave. dancing across remnants of the concentration camp in poland with his grandchildren. this is sparking worldwide debate over whether it's disrespectful to those who were killed there or just an exuberant if somewhat bizarre his own survival in life. the clip aheard in january, but it only took off when a neo-nazi group poftd it on their web site. he says he's one of the lucky
ones who was able some create a new generation and that's why he danced. what do you think? email@example.com. "kelly's court" is back in session. on the docket today, no babies onboard at a swanky wine bar in the canadian white north. a canadian couple shows up for dinner with a 3-month-old infant in tow. owner turns them away. citing the bar's new experimental no baby policy. saying they didn't quite have the sea come daitions for the little and customers deserved to relax in an adult setting. do they have a point? let's ask our panel, lis weihl and jonna spilbor. i'm obviously conflict on this
one. the judge has a conflict of interest because she has a 9 1/2-month-old baby and an affinity for wine. they claim this is a violation of their rights as a family and of the child's rights as a 3-month-old to remain with his parents in a public setting. >> listen, you already have the right to breast feed in front of me, kick the seat behind me and scream while standing in line next to me, what more do you want? i don't think this is a violation of the kid's rights or parents' right. i'll all for an adult environment. legally i don't know if the restaurant has a leg to stand on. megyn: what did the law say? what is the protected class? is there some legal right to bring your 3-month-old everywhere? >> may i read from the ontario human rights code, you cannot
discriminate on race, marital status or age. megyn: what about loudness. the baby was sleeping. we all know just because they are sleeping one minute doesn't mean it's going to last. so the question is, where do you draw the line between a parents' right to be with their baby and the customers right to have a quiet setting. this wasn't a family restaurant or a normal restaurant. it was a swanky wine bar. is there no place people can go even people who don't have kids and don't want to be around them just to have an adult night out? >> there should and place where you can go like that. that's what this argument is going to stem on. let's not forget, you are not allowed to drink until you are 21 years old. so the bar has leverage there.
.we want to bring our little kids to a bar? that might be a phone call -- megyn: sometimes in life you wind up in a circumstance where you have got to eat and whatever. and because you were taking this to a couple of places. you can demand access to the swanky wine bar, you can demand access to i don't know, every bar? a club? where do we draw the line? >> would you rather have them go to macdonald and scarf count happy meals? i don't think so. the kid was just sleeping. there were no patrons saying the kid is make obnoxious noises. megyn: what if they were? could the restaurant shut them down then? somebody brings their baby to the movie theaters and it's screaming its head off,. >> the kid was sleeping like a
little lamb and the parent -- if you have a patron that's loud and obnoxious, then that's different. megyn: who can throw the child out -- hold on. if i have to suffer a. >>y diaper while i'm enjoying my martini it better be on a 0-year-old billionaire who is paying for my drinks. >> the 0-year-old billion -- the 90-year-old billionaire may be doing the same thing. megyn: is there any place in the united states where they can say you can't bring a baby? >> to a hockey game where you might get hit with a puck, maybe. to a bar with your parent fear night out? megyn: what if the mother is there and she is not drink and the father is having some wine. >> i know jonna has it to hear about the pumps and all that.
at least these are parents taking their kid out for a night on the town. they want to include the child and not keep him cooped up with a baby certain at 3 months old. megyn: interesting debate. jonna once said she is fine with breast feeding, she just doesn't want it near her burrito. one final word. is it the most considerate thing to bring your 3-month-old baby to a swanky wine bar? no. the truth is, sometimes parents need a night out and can't get a sitter. those of you remember if anyone needs a little wine, it's parents of a newborn. firstname.lastname@example.org. a former aide to steven seagal said he made her his sex slave.
segal insisted the claim was absurd and now a new twist can prove one side was lying in a "kelly's court" verdict after the break. >> she claims that during first alleged attack steven seagal pushed his hands under her shirt attempting tattempting to fondlr breasts. then he forced his hands down her pants.
lover. she says my wife wouldn't mind if i had a sexual relation. those words left mr. segal's mouth as the jet lifted off the runway. megyn: actor steven seagal is not under siege any more. this former executive assistant of a few hours officially dropping her sexual harassment lawsuit. she had accused the develop-defense guru of even slavinofenslaving her. in nixing her lawsuit all together, we don't know why or whether a settlement was reached here. more than one million u.s. house holds are likely to lose their homes to foreclosure. this is president obama met this week with one of the richest then america, warren before it
who has tough words swieg still have a long way to go. david lee miller is live in our new york city newsroom. how many people do they think this whole year will lose their homes to the banks. >> reporter: they are saying that the first half of this year 528,000 homes have been repossessed by banks. the forecast by realty track is about it even of the year 1.2 million homes will be foreclosed on and that would be a record you are passion the 900,000 homes last year. 100,000 homes a year are foreclosed upon. let's take a look at the list of the states with the highest foreclosure filings. arizona, nevada, florida, california and utah. california has the single highest number. so far this year 340,000. megyn: house buying these foreclosed on properties.
>> reporter: there are two groups. both of which are looking for a bargain. according to the senior vice president, those two groups have been waiting on the sidelines for this opportunity. here is what he had to say. >> a third all home sales in the first quarter were foreclosure properties. primarily those gobbling them up are first time home buyers and investors. they are selling for 27% less than those that aren't in foreclosure. >> reporter: some of the hardest hit places in the country, they are selling for scowfnts up to 60%. the american dream is being built on the nightmare of others. megyn: thank you. coming up, new details on the early release after convicted terrorist and the role bp may have played to secure his
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♪ [ music ] nice. the chicken and the he egg and a number of boneheaded debates. we're putting the mystery to bed. finally. maybe, scientists across the pond have it figured you out. british researchers claim they can prove the chicken came first. the formation is only possible in the presence of a protein
found in chicken ovaries, so the egg could not have come first. they failed to mention where the first bird came from. [ laughter ] i want to say a special congratulations today to matt smoot, one of our producers here of "america live." he just had a little boy this morning, evan jacob, 7 pounds, 4-ounces, way to go. i want to give you a couple updates on the emails, first the children at the wine bar. patrick in texas, as a father of four boys here's some advice someone gave my wife an the oldest was born. don't ever apologize for your children because those with children understand and those who don't will never understand. that's a good point. as for the guy dancing on the auschwitz -- you support it